Tupelo Wrongful Death Lawyers

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Content Reviewed by: A. Parker Trotz

Accordion #1

Content Reviewed by: A. Parker Trotz

Expertise

Mr. Trotz has handled injury cases involving auto accidents, slip and fall, premises liability, and negligent security. Every day, Mr. Trotz represents those who have been injured and many of his clients have sustained traumatic and life-altering injuries.

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A. Parker Trotz

Practicing Attorney

Expertise

Mr. Trotz has handled personal injury cases involving car accidents, trucking accidents, slip and fall, premises liability, and negligent security. Each and every day, Mr. Trotz represents those who have been injured through no fault of their own, and many of his clients have sustained traumatic, catastrophic and life-altering injuries.

Last Date Modified

10/24/2024

ASK THE EXPERTS

Derek O. Fairchilds

“A wrongful death claim must be initiated by a family representative or heir, with the court deciding on the distribution of proceeds.”

The loss of a loved one due to someone’s recklessness devastates surviving family members—instances of wrongful death level a tremendous emotional toll. In Mississippi, people who lose a loved one due to preventable negligence deserve total, fair compensation.

It would be fundamentally unfair for your family to suffer emotional and financial setbacks. If you suffered a fatal loss due to a negligent action, call our experienced Tupelo wrongful death lawyers at (662) 840-9222 to schedule your free consultation. Mississippi’s NST Law stands ready to hold the responsible party accountable.

Table Of Contents

Why Should I Hire NST Law to Handle My Wrongful Death Case?
How Much Will It Cost Me to Hire a Tupelo Wrongful Death Lawyer?
How Long Do I Have to File a Wrongful Death Claim in Mississippi?
Personal Injury Events Leading to Wrongful Death Claims
Who’s Eligible to File a Wrongful Death Claim in Mississippi?
Types of Available Damages in a Tupelo Wrongful Death Case
How Are Mississippi Wrongful Death Damages Allocated?
Proving Liability in a Tupelo Wrongful Death Lawsuit
Our Tupelo Wrongful Death Lawyers

Why Should I Hire NST Law to Handle My Wrongful Death Case?

As experienced personal injury lawyers Tupelo, we provide diligent legal services for grieving family members. Our compassionate care prioritizes accessibility, trust, transparency, resourcefulness, and a determination to secure total, fair compensation for our clients, including awards exceeding $2 billion.

If you lost a loved one due to someone’s negligence or callousness, contact NST Law today for a free consultation.

How Much Will It Cost Me to Hire a Tupelo Wrongful Death Lawyer?

Although our law firm enjoys a national reputation for success, we remain a compassionate, community-based organization. We understand that the last thing struggling families want is another financial burden during these difficult times. That’s why we do not require upfront legal costs and work on a contingency fee. We don’t get paid unless we bring you the compensation you deserve.

How Long Do I Have to File a Wrongful Death Claim in Mississippi?

In Mississippi, surviving family members generally must file a wrongful death action within three years of the accident or death. Exceptions may include intentional acts often prosecuted in the criminal courts or lawsuits against a governmental entity.

In these cases, families must file for civil justice within one year of the loved one’s death. If your family lost a loved one due to someone’s negligent or criminal act, promptly contact a lawyer because the Mississippi wrongful death statute of limitations is ticking.

Personal Injury Events Leading to Wrongful Death Claims

According to the CDC, accidents rank the fourth leading cause of death in Mississippi. The state also remains in the top 10 for firearm-related fatalities and homicides. More than 600 car crashes occur annually, with nearly one-third involving alcohol.

Other reasons people suffer untimely deaths in collisions include speeding, distracted driving, and defective automobiles. Bereaving loved ones must understand that so-called “accidents” remain legally actionable under Mississippi law because they involve negligence. These typically include the following:

Car accidents
Truck accidents
Motorcycle accidents
Workplace accidents
Medical malpractice
Product liability
Defective medications and medical devices
Nursing home abuse and neglect

Although Mississippi ranks among the states with the highest number of car crash fatalities, workplace incidents continue to prove problematic as well. According to the Bureau of Labor Statistics, the agriculture and construction sectors in Mississippi account for the highest number of annual workplace fatalities. Moreover, defective products and medical malpractice remain national crises.

Who's Eligible to File a Wrongful Death Claim in Mississippi?

Not every surviving family member can file a wrongful death action in Mississippi. Although grieving loved ones sustain personal losses, the courts limit eligibility. The conventional wisdom under Miss. Code Ann. § 11-7-13 restricts wrongful death claimants to the following parties:

A surviving spouse
Surviving parents or guardians
Surviving children
Surviving siblings
A personal representative of the deceased person’s estate

Mississippi allows family members who’ve lost a loved one or unborn child to bring a single wrongful death lawsuit. Eligible family members can join the wrongful death action, and it must benefit all parties with legal standing.

An objective viewpoint can help grieving loved ones navigate the litigation process without reliving the tragedy. Determining the executor of the deceased family member’s estate is often a viable option. In other instances, selecting a family member to work directly with a Tupelo wrongful death lawyer gives others time to mourn their loss peacefully.

Types of Available Damages in a Tupelo Wrongful Death Case

Surviving loved ones can recover financial compensation based on wide-reaching types of negligence. By working with a determined Tupelo wrongful death attorney, the court could instruct the defendant to pay damages based on the following:

Pertinent health care expenses and medical bills
Funeral and burial expenses
Lost wages, benefits, and future earning potential
Reimbursement for property damage or losses
Injuries related to the loved one’s pain and suffering
Compensation for the ongoing loss of companionship, such as loss of consortium

Consistent with many other states, Mississippi limits the amount of damages family members can recover. Compensation for non-economic damages such as emotional anguish and loss of companionship runs upwards of $1 million.

Families can get the compensation they deserve by demonstrating actual financial losses and making a compelling case regarding future earning potential. Our wrongful death lawyers are able to evaluate your case and consult with experts, including vocational economists, needed to document future losses.

How Are Mississippi Wrongful Death Damages Allocated?

While a grieving family can only file one wrongful death lawsuit on behalf of their loved one, the damages can be allocated among many as governed by Mississippi law. Generally speaking, family members eligible to receive a share of the benefit of a wrongful death settlement or award include:

The first eligible party to receive damages include the decedent’s wife and children.
If the deceased has no children, all damages go to the surviving spouse.
If the deceased has no surviving spouse, damages will go to the children.
If the deceased has no children or spouse, damages are distributed equally to surviving parents.

If no spouse, children, or parent exists, damages are distributed equally to siblings.
If someone leaves no family members behind, the estate’s legal representative may receive damages to pay debts and make suitable distributions. To ensure wrongful death proceeds are properly allocated, it is recommended to consult with a knowledgeable and qualified attorney.

Proving Liability in a Tupelo Wrongful Death Lawsuit

The burden rests on the shoulders of the injured family to prove the elements of a wrongful death lawsuit. In essence, an experienced Tupelo wrongful death lawyer works closely with surviving family members to demonstrate the following:

Duty of Care: Holding the negligent party responsible requires the plaintiff to demonstrate the defendant was required to exercise due care. In essence, they had an obligation to act in a fashion that kept others safe from harm.
Breach of Duty: After establishing a duty, the plaintiff must demonstrate the responsible party failed to exercise due care.
Show Causation: Making a firm connection between the breach of duty and fatality. For example, a failed breathalyzer in a fatal automobile crash typically demonstrates a cause. In medical malpractice and product liability cases, causation requires relevant evidence.

Negotiating a settlement to secure court-ordered damages calls for reasonable proof of economic and non-economic losses. Medical bills, funeral expenses, and pay stubs provide clear evidence of financial hardships. However, families usually need an experienced wrongful death lawyer to recover damages for pain, suffering, and loss of companionship.